2015Guhap51495 Revocation of Decision not to refer to refugee status review

Amala ○ ○○

(Amara OOO, 190 Syms)

Attorney Kim J-ju, Counsel for the plaintiff-appellant

The head of Incheon Airport Immigration Office

The main effect of the litigation performer;

September 3, 2015

October 1, 2015

1. On March 10, 2015, the Defendant’s decision not to return refugee status recognition to the Plaintiff is revoked.

2. The costs of lawsuit are assessed against the defendant.

The order is as set forth in the text.

1. Details of the disposition;

A. On February 18, 2015, the Plaintiff, who is a national of the Republic of Liberia, succeeded to the Incheon State of the Republic of Liberia at its port.

B. The Plaintiff was subject to a disposition of non-permission of entry from the Defendant to the waiting room for repatriation, and filed an application for refugee status by asserting that the removal of the church from the waiting room would bring about a threat to the body due to the loss of the church.

C. On March 10, 2015, the Defendant rendered a decision not to refer to refugee status screening (hereinafter “instant disposition”) on the ground that the Plaintiff’s statement related to the opening of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class.

[Ground of recognition] Unsatisfy, entry of evidence Nos. 2, 4, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Although the Plaintiff’s application for refugee status does not correspond to cases where it is not clearly well-founded, the Defendant issued the instant disposition, and thus, the instant disposition is in violation of law by deviating from the Defendant’s discretion on the decision to return refugee status review.

In addition, the defendant did not deliver a written disposition at the time of the disposition of this case and procedural errors that did not present the grounds and reasons for the disposition.

Therefore, the instant disposition should be revoked in an unlawful manner due to the foregoing reasons.

(b) Related statutes;

It is as shown in the attached Table related Acts and subordinate statutes.

C. Determination

Article 6 of the Refugee Act provides that when a foreigner undergoes an entry inspection at a port of entry and departure, he/she shall apply for refugee status, and the Minister of Justice may decide whether to refer to a civil recognition examination by the Minister of Justice.

Accordingly, Article 5 (1) of the Enforcement Decree of the Refugee Act, which was enacted upon delegation of Article 5 (5) of the same Act, stipulates that a person may not be referred to the refugee status screening in any of the following cases, and that "where a person intends to be recognized as a refugee by concealing facts, such as submitting false documents" in subparagraph 3 among them, "B," and "where an application for refugee status is not clearly well-founded for economic reasons", "Article 5 (1) of the Enforcement Decree of the Refugee Act.

According to the purport of Article 33 of the Refugee Convention that provides for the prohibition of compulsory repatriation of refugee status, the requirements of Article 5(1)3 and 7 of the Enforcement Decree of the Refugee Act that can be strictly interpreted and applied to the applicant for refugee status at the port of entry and departure as provided for in Article 6 of the Refugee Act are the purpose of the Act that gives the applicant for refugee status status as provided for in Article 5 of the Refugee Act, in principle, an opportunity to undergo refugee status review to improve the protection of the human rights of the refugee. Accordingly, each subparagraph of Article 5(1) of the Enforcement Decree of the Refugee Act is limited to exceptional cases where a decision not to return refugee status review can be made, and even if that reason is based on a specific fact or based on the judgment of the relevant disposition authority, the purpose of the Act is to require the applicant for refugee status to bear the burden of proving that there is no reason not to return refugee status status review, and thus, if there is a possibility that the applicant may be forced to refer it to the relevant disposition agency under Article 5(1) of the Enforcement Decree of the Refugee Act.

In light of the relevant laws and legal principles as seen above, it is insufficient to recognize that this case constitutes cases where refugee status applications are clearly without justifiable grounds, such as hiding facts by the Plaintiff’s submission of false documents, etc., or solely seeking refugee status due to economic reasons, and there is no evidence to acknowledge this differently.

Rather, according to the purport of the Plaintiff’s evidence No. 1 and the entire arguments, there are cases where the Mesia suffered from Mesia cases involving Mesia by the persons of fundamental Islamicism, including Manddoo, and the occurrence of a riot that occurred between the seeds of Mesia and Islamicism, and it is difficult to conclude that the Plaintiff’s statement at the time of Rasia’s refugee application is obviously false in violation of facts, on the grounds that the background of the Plaintiff’s refugee application corresponds to the current state and part of the conflict between Mesia’s religion at the time of application for refugee application. Accordingly, the instant disposition constitutes unlawful since it constitutes a lack of proof as to its requirements.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition by the assent of all participating Justices without examining the remaining arguments of the plaintiff.

Judgment of the presiding judge;

Judge Detailed-type

Judges Hong-gion

Site of separate sheet

Related Acts and subordinate statutes

/ Refugee Act

Article 6 (Application Filed at Port of Entry and Departure)

(1) Where a foreigner intends to apply for refugee status when undergoing an entry inspection, he/she shall submit an application for refugee status to the head of the Regional Immigration Service having jurisdiction over the port of entry and departure under the Immigration Control Act.

(2) The head of a Regional Immigration Service may require persons who have submitted an application for refugee status at a port of entry and departure pursuant to paragraph (1) to reside at a certain place at a port of entry and departure within seven days.

(3) The Minister of Justice shall determine whether to refer a person who has submitted an application for refugee status pursuant to paragraph (1) to refugee status screening within seven days from the date on which such application is submitted, and where he/she fails to determine within such period, he/she shall permit such applicant to enter the Republic of Korea.

(4) Refugee applicants at ports of entry and departure shall be provided with basic food, clothing and shelter during the period referred to in paragraph (2), as prescribed by Presidential Decree.

(5) Except as otherwise expressly provided for in paragraphs (1) through (4), necessary matters, such as procedures for applying for refugee status at entry and departure ports shall be prescribed by Presidential Decree.

/ Enforcement Decree of the Refugee Act

Article 3 (Applications for Refugees at Ports of Entry and Departure)

(1) A person who intends to apply for refugee status in undergoing an entry inspection pursuant to Article 6 (1) of the Act (hereinafter referred to as "resident applicant at the port of entry and departure") shall submit an application for refugee status prescribed by Ordinance of the Ministry of Justice to the head of an immigration office (hereinafter referred to as the "head of the office") having jurisdiction over a port of entry and departure under the Immigration Control Act or the head of a branch office (hereinafter referred to as the "head of a branch office") of the immigration office having jurisdiction over a port of entry and departure under the Immigration Control Act, along with the documents referred to

(6) The Minister of Justice shall issue a receipt of application for recognition of refugee status to a person determined to refer to refugee status screening by deeming that he/she has filed an application for recognition of refugee on the date of decision, and shall implement the procedures for recognition of refugee status

Article 5 (Reference Refugee Applicants at Port of Entry and Departure to Refugee Recognition Screening)

(1) Where a refugee applicant at a port of entry and departure falls under any of the following cases, the Minister of Justice may choose not to refer such person to refugee status screening:

1. Where it is impossible to identify a person because he/she fails to respond to an inquiry, etc. related to his/her personal information, etc.;

3. Where refugee status is sought by concealing a fact, such as submitting a false document: Provided, That this shall not apply where the principal voluntarily reports such fact without delay;

4. Where he/she has been from a safe country with no possibility of gambling or has been brought from a safe country;

5. Where a person who has failed to obtain refugee status or whose refugee status has been revoked intends to obtain refugee status again without changing significant circumstances.

6. Where there are reasonable grounds to believe that a case falls under any of the subparagraphs of Article 19 of the Act.

7. Where an application for refugee status is clearly groundless, such as where he/she intends to obtain refugee status solely for economic reasons.

(2) Where the Minister of Justice determines whether to refer to refugee status screening pursuant to Article 6 (3) of the Act, he/she shall notify the refugee applicant at the port of entry and departure of the result without delay

(3) The head of the office or branch office shall allow a person determined to refer to refugee status screening pursuant to paragraph (2) to undergo an entry inspection under the Immigration Control Act without delay.

(4) A person determined to refer to refugee status screening shall be granted national permission under Article 12 of the Immigration Act or conditional entry permission under Article 13 of the Immigration Control Act, but in cases of conditional entry permission, the period of permission may be set within the extent of 90 days, notwithstanding Article 16 (1) of the Enforcement Decree of the Entry Control Act.

(6) The Minister of Justice shall issue a receipt of application for recognition of refugee status to a person determined to refer to refugee status screening by deeming that he/she has filed an application for recognition of refugee on the date of decision, and shall implement the procedures for recognition of refugee status

Administrative Procedures Act

Article 23 (Presentation of Grounds for Disposition)

(1) In rendering dispositions, administrative agencies shall present the basis and reasons for such dispositions to the parties, except in any of the following cases:

1. Where a disposition fully accepts the details of the application as they are;

2. Where a simple, repetitive, or minor disposition is that the parties can clearly understand the reasons.

3. Where it is necessary to take a disposition urgently.

(2) In cases of paragraph (1) 2 and 3, administrative agencies shall, after rendering dispositions, explain the basis and reasons therefor to the parties at their request.

Article 24 (Method of Disposition)

(1) When rendering dispositions, administrative agencies shall do so in writing, except as otherwise expressly provided for in other Acts and subordinate statutes, and in cases of electronic documents, the consent of parties, etc. shall be required: Provided, That where it is necessary to deal promptly or a matter is insignificant, it may do so orally or by other means. In such cases, upon the request of the parties concerned, the administrative agencies shall give the documents

(2) Documents in which disposition is taken shall include the affiliation, name, and contact information (referring to telephone numbers, facsimile numbers, e-mail addresses, etc.) of the administrative agency responsible for the disposition and the person in charge of the disposition.